CHAPTER 4 FINDINGS AND ANALYSIS
4.7 Chapter Summary
94
2. The preceding paragraph is without prejudice to the protection responsibilities of international organizations mandated for this purpose, whose services may be offered or requested by States.
Principles Relating to Return, Resettlement and Reintegration Principle 28
1. Competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.
Such authorities shall endeavour to facilitate the reintegration of returned or resettled internally displaced persons.
2. Special efforts should be made to ensure the full participation of internally displaced persons in the planning and management of their return or resettlement and reintegration.
Principle 29
1. Internally displaced persons who have returned to their homes or places of habitual residence or who have resettled in another part of the country shall not be discriminated against as a result of their having been displaced. They shall have the right to participate fully and equally in public affairs at all levels and have equal access to public services.
2. Competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall provide or assist these persons in obtaining appropriate compensation or another form of just reparation.
Principle 30
All authorities concerned shall grant and facilitate for international humanitarian organizations and other appropriate actors, in the exercise of their respective mandates, rapid and unimpeded access to internally displaced persons to assist in their return or resettlement and reintegration.
95
internal displacement in South Africa. For example, how IDPs get affected economically, politically, socio-culturally and their resistance to factors such as being quarantined into the reserves or homelands. It has shown the massive work done by the South African government to address the ills of the past. The role of the United Nations, have been well covered in the study where it gives directions to all member states as to how to treat IDPs or its citizens so as to discourage internal displacement within their borders. Finally, the UN has taken a major step in fighting these forceful removals worldwide by devising thirty (30) Guiding Principles which prohibit human rights violation by the states concerned.
4.6.6 Observation on research matters
The section highlights the student’s understanding of the research matters.
4.6.6.1 The history of internal displacement in South Africa in general
The presence of the settlers in the country whereby their influence superseded the social life of indigenous people, forms the crux of the problem (forceful removal). Indigenous people had to be coerced into adopting new living systems in limited spaces. History tells us that slaves were shipped out from different African countries to either America or Europe. However, it was not the case with South Africa, as slaves were brought into the country. For example, Chinese were brought in the country to work in Cape Town, but were sent back as things went horribly wrong.
Later on Muslims were brought in, and till to date, they are still settled next to the Table Mountain. In Durban, Indians were brought in to work at the sugarcane plantations, while Zanzibarians were initially settled at the Bluff and later fused within the Indian community since they bear Muslim names. The indigenous people who occupied those areas where the newcomers are being settled, lost their land for good. The same applied in Cape Town where the Khoi Sans who occupied Western Cape area were massacred in numbers. They escaped further up along the west coast till they reached Namibia. They came under fierce attack from the Namibian tribes who thought they were coming to invade their land. The problem here was the language barrier, so they could not relate their plight as to what drove them thus far. The unfavourable living conditions that were introduced, especially, during colonial and apartheid times, are still visible even to date. And that makes a mockery of the current democratic dispensation. Maybe, the current government was supposed to have dismantled the structures of apartheid, since apartheid was structural, to redress the ills and the imbalances of the past.
96
4.6.6.2 The dynamics and causes of internal displacement in South Africa
There are instances where human rights violations cannot be wished away, like in the case of conflicts. Many wars that were fought in South Africa bear witness to this. They happened due to human error, and multitudes of people were displaced. Climate change leads to droughts and heavy floods which have become prevalent in the country. And such discourses lead to food shortages in the country. Ultimately, the country would have to apply austerity measures so as to save money for importing goods to sustain the nation. However, austerity measures are blamed for inhibiting development in the country. The country with strained coffers would struggle to improve health facilities to fight epidemics. Thus, South Africa is struggling in fighting COVID-19 pandemic. The pandemic came while the country was still recovering from the HIV/AIDS pandemic which has just abated, but not completely healed.
4.6.6.3 The challenges caused by the internal displacement on the people of South Africa South Africa prides itself of the Bill of Rights, and thus, the Constitution reigns supreme in the country. Since internal displacement is in violation of human rights, it therefore, infringes on the country’s constitution. So, politically or rather on paper, the current democratic government of South Africa has done enough to bring internal displacement to a halt. However, economic imbalances inherited from the past, leaves the social life of our poor people disintegrated.
People can now choose where they want to live, depending on their circumstances. A working person might move to the city to be nearer to the workplace, leaving his/her family behind.
Thus, family ties are broken.
4.6.6.4 The consequences of internal displacement in South Africa
The land that was allocated to black people was barren and not enough to accommodate multitudes of indigenous people. That is, they were crammed in the Reserves like animals.
They were placed in places far from the cities or industries. Meagre salaries they were earning was spent on transport to and from work. So, the displacement was meant to keep indigenous people indigent for their dear life, while those races which were kept in the cities remain rich.
Hence, poverty, crime and inequality are the features which are still dominant in South Africa to date. This led to the recent fierce looting in July which security personnel failed dismally to control violent unrests which engulfed mostly Durban and Johannesburg.
97
4.6.6.5 The role played by the government in fighting internal displacement in the country First and foremost, the democratic government of South Africa took a major step by phasing out Reserves or Homelands. Consequently, some dehumanising Laws like the Group Areas Act and/or Influx Control were abolished.
4.6.6.6 The role of the UN in combating internal displacement in general
The United Nations has devised many good policies to combat the scourge. Finally, the International Criminal Court (ICC) has been introduced to safeguard peace in all countries of the world. The only concern is that it only applies to the member states rather than legally binding to all world states, in order to protect all human kind in the world.
98